Published On : Mon, Jul 20th, 2020

Bombay High court quashes conviction of husband and his relatives for offence under sec 498a

Nagpur– Division bench comprising of justice chandurkar and justice borkar quashed and set aside the judgment of conviction dated 20/03/2018 passed by JMFC warud against Abdul Rashid and his 5 relatives convicting them for ofdmece under sec 498A, 34 of IPC.

It is submitted that, Nikhat Anjum Abdul Rashid lodged the report with pS Warud that, marriage of the Nikhat was
solemnized with Abdul Rashid on 02/06/2011. After marriage she went to her matrimonial house for cohabitation. After 15 days of marriage, Rashid started to harass her stating that you are not beautiful, your character is not good and your father had not paid 2 Lakh which he agreed to pay in the marriage. The father, mother, brother and sisters of Rashid have also supported and instigated Rashid to harass the Nikhat.

In August 2011, Rashid and hís relatives beat Nikhat and she was driven out from the matrimonial house for non-fulfillment of illegal demand. She lodged report in police station. However, she was willing to cohabit with her husband and therefore she again returned to matrimonial house in February
2012. After about 15 days the Rashid again started the mental and physical harassment for the same demand of Rs 2 Lakh. In June 2012 the Rashid and his relatives beat the informant and she was driven
out from the matrimonial house doubting her chastity and for non fulfillment of demand of Rs 2 Lakh. Since then she was residing in her parental house. On 18/11/2012 she gave birth to son Arhan.

On 18/02/2013 at about 08.00 pm the Rashid and his relatives came to her parental house and tried to forcibly take custody of Arhan.

At that time Mohammad Sheru father of informant,Mohammad Kamar brother of informant and uncle Shakil Ahmad
stopped them and the applicant abused and threatened to kill them. Thereafter, on the same day the informant lodged the report in Warud police station. Accordingly, Crime no. 29 of 2013 for the offences punishable under sections 498-A, 504 and 506 read with 34 of the Indian Penal Code came to be registered.

After examining the witnesses, JMFC warud convicted Ragsid and his relatives for ofdmece under sec 498A, 34 of IPC.

As against said judgment Abdul Rashid and his 5 relatives had preferred appeal before sessions court Amravati. During the pendency of said appeal, due to intervention if relatives, settlement was arrived at between husband and wife and they decided to give end to their relationship by taking khulanama. Therefore they field application under sec 482 of CrPC for quashing of conviction on the basis of settlement between parties.

Counsel for the applicants Adv Mir Nagman Ali placed reliance on the decisions in Saloni Rupam Bhartiya Vs. Rupan Prahlad Bhartiya and Ors, 2015 (4) RCR (Criminal) 172, and Ramesh s/o Shaligram Dode & Ors. Vs. The State of Maharashtra and Anr., 2014 ALL MR (Cri) 282 thus submitting that, during the pendency of the proceedings the matrimonial dispute between the parties stands settled, the Court can quash the criminal proceedings in their entirety by invoking powers under Section 482 of the CrPC.

Taking into consideration there position, division bench quashed the conviction for offence under sec 498A, 34 of IPC.

Adv Mir nagman ali appeared for the parties.